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Introduced Version Senate Bill 590 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 590

(By Senator Bowman)

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[Introduced March 16, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-1E-1, §17B-1E-2 and §17B-1E-3; to amend and reenact §17B-2-1 of said code; and to amend said code by adding thereto a new section, designated §61-7-4a, all relating to requiring a notification be placed on driver's licenses and state identification cards when an individual has been granted a concealed weapons permit.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated as §17B-1E-1, §17B-1E-2 and §17B-1E-3; to amend and reenact §17B-2-1 of said code; and to amend said code by adding thereto a new section, designated §61-7- 4a, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

ARTICLE 1B. DRIVERS' OR CHAUFFEURS' LICENSE IDENTIFICATION OF HOLDERS OF LICENSES TO CARRY A CONCEALED WEAPON.

§17B-1E-1. Commissioner to adopt and implement program.

The commissioner is hereby directed to adopt and implement a program whereby persons having a state license to carry a concealed deadly weapon shall be so identified by an appropriate decal, sticker or other marking to be affixed to the drivers' or chauffeurs' license of such person: Provided, That the commissioner may not impose a fee or otherwise charge the person for affixing the decal, sticker or other marking to the license.
§17B-1E-2. License application to contain space for holders of licenses to carry concealed weapons.

The commission shall provide space on every application for a driver's or chauffeur's license or renewal thereof in which the applicant must indicate that he or she has a state license to carry a concealed deadly weapon. In addition, any person whose license has not expired or who has already obtained a license must have such marking affixed by the commissioner.
§17B-1E-3. Commissioner to publish information and notify other states of program.

The commissioner shall publish the existence of such program along with information regarding the procedures for having such marking affixed to a license and shall notify his counterparts in each of the other states as to the existence of the program and the significance of the marking.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1. Drivers must be licensed; types of licenses; holders of licenses to carry concealed weapons; licensees need not obtain local government license; motorcycle driver license; identification cards.

(a) A person, except those hereinafter expressly exempted, may not drive any motor vehicle upon a street or highway in this state or upon any subdivision street, as used in article twenty-four, chapter eight of this code, when the use of the subdivision street is generally used by the public unless the person has a valid driver's license under the provisions of this code for the type or class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided in this code may exercise the privilege thereby granted as provided in this code and, except as otherwise provided by law, is not required to obtain any other license to exercise the privilege by any county, municipality or local board or body having authority to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall indicate on the license the type or general class or classes of vehicle or vehicles the licensee may operate in accordance with the provisions of this code, federal law or rule. Licenses shall be issued in different colors for those drivers under age eighteen, those drivers age eighteen to twenty-one and adult drivers. The commissioner is authorized to select and assign colors to the licenses of the various age groups.
(c) Driver's licenses issued by the division shall be classified in the following manner:
(1) Class A, B or C license shall be issued to those persons eighteen years of age or older with two years' driving experience and who have qualified for the commercial driver's license established by chapter seventeen-e of this code and the federal Motor Carrier Safety and Improvement Act of 1999 and subsequent rules, and have paid the required fee.
(2) Class D license shall be issued to those persons eighteen years and older with one year of driving experience who operate motor vehicles other than those types of vehicles which require the operator to be licensed under the provisions of chapter seventeen-e of this code and federal law and rule and whose primary function or employment is the transportation of persons or property for compensation or wages and have paid the required fee. For the purposes of the regulation of the operation of a motor vehicle, wherever the term chauffeur's license is used in this code, it shall be construed to mean the Class A, B, C or D license described in this section or chapter seventeen-e of this code or federal law or rule: Provided, That anyone who is not required to be licensed under the provisions of chapter seventeen-e of this code and federal law or rule and who operates a motor vehicle which is registered or which is required to be registered as a Class A motor vehicle as that term is defined in section one, article ten, chapter seventeen-a of this code with a gross vehicle weight rating of less than eight thousand one pounds, is not required to obtain a Class D license.
(3) Class E license shall be issued to those persons who have qualified under the provisions of this chapter and who are not required to obtain a Class A, B, C or D license and who have paid the required fee. The Class E license may be endorsed under the provisions of section seven-b of this article for motorcycle operation. The Class E license for any person under the age of eighteen may also be endorsed with the appropriate graduated driver license level in accordance with the provisions of section three-a of this article.
(4) Class F license shall be issued to those persons who successfully complete the motorcycle examination procedure provided by this chapter and have paid the required fee, but who do not possess a Class A, B, C, D or E driver's license.
(5) All licenses issued under this section may contain information designating the licensee as a diabetic, organ donor or as deaf or hard of hearing and for other handicapped or disabled persons in accordance with criteria established by the division, if the licensee requests this information on the license.
(6) All licenses issued under this section must contain information designating the licensee has a state license to carry a concealed deadly weapon: Provided, That the person in fact has such state licence.
(d) A person, except those hereinafter expressly exempted, may not drive any motorcycle upon a street or highway in this state or upon any subdivision street, as used in article twenty-four, chapter eight of this code, when the use of the subdivision street is generally used by the public unless the person has a valid motorcycle license or a valid license which has been endorsed under section seven-b of this article for motorcycle operation or has a valid motorcycle instruction permit.
(e) (1) An identification card may be issued to any person who:
(A) Is a resident of this state in accordance with the provisions of section one-a, article three, chapter seventeen-a of this code;
(B) Has reached the age of two years. The division may also issue an identification card to a person under the age of two years for good cause shown;
(C) Has paid the required fee of $2.50 per year for each year the identification card is issued to be valid: Provided, That the fee is not required if the applicant is sixty-five years or older or is legally blind; and
(D) Presents a birth certificate or other proof of age and identity acceptable to the division with a completed application on a form furnished by the division.
(2) The identification card shall contain the same information as a driver's license except that the identification card shall be clearly marked as identification card. However, the division may issue an identification card with less information to persons under the age of sixteen. It may be renewed on application and payment of the fee required by this section.
(A) Every identification card issued to persons who have attained their twenty-first birthday shall expire on the day of the month designated by the commissioner in which the applicant's birthday occurs in those years in which the applicant's age is evenly divisible by five. Except as provided in paragraph (B) of this subdivision, no identification card may be issued for less than three years nor more than seven years and shall be valid for a period of five years expiring in the month in which the applicant's birthday occurs and in a year in which the applicant's age is evenly divisible by five.
(B) Every identification card issued to persons who have not attained their twenty-first birthday shall expire on the day of the month designated by the commissioner in the year in which the applicant attains the age of twenty-one years.
(C) Every identification card issued to persons under the age of sixteen shall expire on the day of the month designated by the commissioner in which the applicant's birthday occurs and shall be issued for a period of two years.
(3) The division may issue an identification card to an applicant whose privilege to operate a motor vehicle has been refused, canceled, suspended or revoked under the provisions of this code.
(4) Persons having a state license to carry a concealed deadly weapon shall be so identified by an appropriate decal, sticker or other marking to be affixed to the identification card of such person.
(f) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500; and upon a second or subsequent conviction, shall be fined not more than $500 or confined in jail not more than six months, or both.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4a. Copy of license provided to Division of Motor Vehicles.
The sheriff of the county that issues a person a state license to carry a concealed deadly weapon shall provide the Division of Motor Vehicles with a copy of the license within fourteen days of its issuance: Provided, That the copies of licenses of current holders are to be provided no later than June 30, 2009.



NOTE: The purpose of this bill is to require a notification be placed on drivers' licenses and state identification cards when an individual has been granted a concealed weapons permit.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§17B-1E-1, §17B-1E-2, §17B-1E-3 and §61-7-4a are new; therefore, strike-throughs and underscoring have been omitted.
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